Holiday Entitlement for Your Workforce in Poland

Annual leave in Poland is strictly regulated by the Labour Code. Unlike in many countries where holiday is purely a matter of contract, Polish law mandates specific minimums based on an employee’s “service history.” For foreign employers, the challenge often lies in calculating this history correctly, as it includes time spent in education and with previous employers.

Here is a breakdown of how holiday entitlement works for your team in Poland.

The Service-Length Rule: 20 vs. 26 Days

An employee’s total annual leave entitlement is determined by their cumulative career history, not just their time with your company. The thresholds are as follows:

• 20 Working Days: For employees with a total service history of less than 10 years.
• 26 Working Days: For employees with a total service history of 10 years or more.

The “Education Bonus”: In Poland, years spent in higher education count towards the 10-year threshold. For example, completing a university degree typically adds 8 years to an employee’s service history. This means many graduates reach the 26-day entitlement after only two years of actual work experience.

Key Rules for Taking Leave

1. The 14-Day “Rest” Requirement

Polish law requires that at least one part of an employee’s annual leave must last for at least 14 consecutive calendar days. This includes weekends and public holidays. The aim is to ensure the employee has a meaningful period of rest.

2. Pro-Rata Calculations

If an employee joins your company part-way through a calendar year, their entitlement is calculated proportionally. For example, an employee entitled to 20 days who starts on 1st July would be granted 10 days for the remainder of that year.

3. Carrying Over Unused Leave

If an employee does not use all their leave by 31st December, it is “carried over.” However, statutory rules state that all overdue leave from the previous year must be taken by 30th September of the following year. Employers are legally obligated to ensure staff take this leave to avoid potential fines from the Labour Inspectorate.

4. Payment in Lieu (Ecquivalent)

You cannot “buy out” an employee’s holiday while they are still working for you. Payment in lieu of unused holiday is only permitted when the employment contract is terminated and the employee has a remaining balance.

Important Considerations for Foreign Employers

1. Verify Previous Service: Ask new hires for their “Work Certificates” (Świadectwo Pracy) from previous Polish employers. These documents are the only legal proof of their prior service years and holiday usage.
2. Track Education Records: Ensure your HR team has copies of university diplomas to correctly calculate whether an employee sits in the 20 or 26-day bracket.
3. Public Holidays: Poland has 13 statutory public holidays. If a public holiday falls on a Saturday, employers are legally required to give employees an extra day off in lieu.
4. On-Demand Leave: Every employee is entitled to 4 days of “leave on demand” (urlop na żądanie) per year, which is deducted from their total pool. They can request this on the day of absence for emergencies.

“Holiday management in Poland is more than just a benefit—it’s a compliance requirement. Miscalculating service years is one of the most common reasons for payroll corrections during audits.”

Need help managing your Polish team’s leave and payroll?

EasyEOR takes the manual work out of holiday tracking. We ensure every employee’s service history is verified and their leave balance is perfectly managed. Contact us today to simplify your Polish HR operations.